F 153 
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WOODWARD ON FOREIGNERS. 




Glass. 
Book 



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WOODWARD ON FOREIGNERS. 



Judge Woodward was a member of the Convention to pro- 
pose amendments to the Constitution of Pennsylvania which 
was held in the year 1837. On the 17th of November (see 
Debates of the Convention, vol. v. p. 443-8,) Mr. Magee, of 
Perry County, moved the second reading and consideration of 
resolution No. 48, in the words following, viz.: ^^ Resolved 
that a committee be appointed to inquire into the expediency of 
so amending the Constitution of Pennsylvania as to prohibit 
the future einigration into the State of free persons of color and 
fugitive slaves, from other States or Territories." 

Yiv. Thomas, of Chester County, moved to amend the same 
by inserting between the words "of" and "free," in the third 
line, the word "foreigners." 

Mr. Magee believed that Mr. Thomas' amendment was in- 
tended to throw ridicule upon the object of the resolution. 

Mr. Martin, of Philadelphia County, said " the Constitution 
of the United States provides for the emigration of foreigners 
into these States ; and yet we-have here a proposition for the 
appointment of a committee to inquire into the expediency of 
prohibiting them from coming. Where do we find our authority 
for this proceeding ? In his view, the Convention would be 
going beyond all calculation, if it undertook to inquire into 
the expediency of the Constitution of the United States. 
And this," said Mr. M., "is in effect the proposition con- 
tained in the amendment of the gentleman from Chester 
County." 

Judge Woodward, being lawyer enough to know that the 
amendment of Mr. Thomas must necessarily fail of its object, 
whether adopted or not, proposed an amendment which, if 
adopted, would have been liable to no constitutional or leg.'il 
objection, but would have been legal, valid and effective. Here 
it is, verbatim : " Mr. Woodward moved to amend the amend- 
ment by adding thereto the words ' and that the said committee 
be also instructed to iriquire into the propriety of so amending 
the Oonstitution as to prevent any foreigner who may arrive in 



2 WOODWAKD ON FOREiaNERS. \jj ^ 

this State after the 4:th of July, 1841, from acquiring the right 
to vote, or to hold office in the Commonwealth.' " 

The chair decided that Mr. Woodward's amendment could 
only be introduced by moving to strike out the amendment 
of Mr. Thomas, and adding his proposition to the original 
*" resolution. 

" Mr. Woodward said that he did not wish his amendment 
to interfere in any way with the resolution of the gentleman 
from Perry County. He (Mr. W.) was in favor of the object 
of the resolution, and was under the impression that he could 
substitute his own proposition as an amendment to the amend- 
ment. But as he could not do so, he would withdraw it for 
the present.'' 

" Mr. Thomas said that, with a view to enable the gentle- 
man from Luzerne (Mr. Woodward) to bring forward his propo- 
sition, and to take away all obstruction to its immediate con- 
sideration, he (Mr. T.) would withdraw his own amendment.'' 
"The amendment of Mr. Woodward being then before the 
-^mmittee, Mr. Cox, of Somerset County, said he was not pre- 
pared, and he did not believe that the members of this Conven- 
tion were prepared to give their sanction to such a proposition 
as had been brought forward by the gentleman from Luzerne 
County (Mr. Woodward). It is entirely repugnant to the 
genius and spirit of all our institutions. I trust that no such 
nroscriptive system will be adopted here ; nay, I feel sure that 
It will not. I will not do such injustice to the members of this 
Convention, as to suppose that they can be brought to vote for 
its adoption. I entertain a better opinion of their intelligence 
and liberality of principle. I trust that, in the United States 
of America, every man who behaves himself well, who is meri- 
torious, intelligent and honest, will still continue ta be entitled 
to the rewards of office, if he chooses to aspire to them ; and I 
hope that the proposition of the gentleman from Luzerne will 
be put down by a decided vote." 

Mr. Woodward followed Mr. Cox, in support of his amend- 
ment with the speech which we give here, exactly as it is 
printed in the debates of the convention. 

"Mr. Woodward said that he had not anticipated, this morn- 
LL- ing, that an opportunity would be presented to him to introduce 



^ 17 ^^ 



WOODWARD ON FOREIGNERS. 3 

this subject to the notice of the Convention ; he was not, there- 
fore, prepared at this time to say more than a very few words ; 
although it was a subject which had been on his mind for a 
long time past, and had claimed his serious consideration. 

"I have long felt a desire, said Mr. W., that something should 
be done in relation to it — that the facts should be investigated, 
and that some proper and efficient measures should bo adopted, 
if, upon that investigation, it should turn out that measures of 
any kind were requisite. 

" Sir, I appreciate as much as any man living, the many 
political rights and privileges which I, in common with the 
people of the United States, am now enjoying ; and it is my 
honest impression that we do but squander those privileges in 
conferring them upon every individual who chooses to come and 
claim them. Ho knew that a great portion of those who came 
nmong us from foreign countries consist, frequently, of the 
worst part of the population of those countries, that they are 
unacquainted with the value of these privileges, and that, 
therefore, they do not know how to value them. I think that 
in thus conferring indiscriminately upon all we are doing injury 
to our liberties and our institutions ; and I believe that, if the 
time has not yet come, it will speedily come, when it will be 
indispensably necessary, either for this body or some other 
body of this State, or of the United States, to inquire whether 
it is not right to put some plan into execution by which for- 
eigners should be prevented from controlling our elections and 
browbeating our American citizens at the polls. 

"At the time the Constitution of the United States Avas 
formed it was necessary to promote emigration. The popula- 
tion of our country was wasted by a long war, and it was 
necessary to hold out inducements to foreigners to come here. 
But times have greatly changed within the last few years. The 
reason and the necessity for extending this indulgence to emi- 
grants have ceased. Besides this, it is to be considered that 
there are other inducements, in the climate, and in the natural 
advantages of the country, to prevail upon them to come here, 
without adding to them the incentive of office. In expressing 
these sentiments, Mr. Chairman, I wish it to be understood 
that I cherish no prejudice against foreigners, I entertain no 



4 WOODYfARD ON FOREIGNERS. 

feeling of unkindness towards them, from whatever part of the 
world they may come, nor would I do anything which should 
have a tendency to proscribe them from coming. We have 
many very estimable men among them, and I do not propose, 
in my amendment, to take anything away from them. I merely 
wish that a committee should inquire whether it is competent 
for us to introduce a provision into the Constitution of the kind 
I have mentioned, to take effect after a certain date, so long 
distant that all future emigrants may know what their privi- 
leges are to be before they leave their own country. My pro- 
position is not intended, nor will it operate, retrospectively ; 
it affects no one now here, and no one who may be on his way 
here. It looks exclusively to the future. What valid objec- 
tion can there be to the inquiry ? Why should we throw open 
these great political privileges to every species of character 
that may light on our shores ? Are these privileges of such 
little value that we do not deem them worth protection or de- 
fence ? Have they no claim upon our feelings — no claim upon 
our affections ? Have they not been won in many a well-fought 
field ? Are all the treasure and the blood which have been 
poured forth for the attainment of these privileges to be re- 
garded as nothing ? Have they not been bequeathed to us by 
those who sacrificed all they had on earth to secure them ? Are 
they not truly and emphatically our most precious legacy? 
And what claim have foreigners from any country — aye, sir, 
from any country, which is strong enough to justify us in pros- 
tituting our political privileges by conferring them carelessly 
and indiscriminately on any individual who may reside here 
two or three years, become a naturalized citizen, and then 
command our ofiices ? There are very many of these emigrants 
who know nothing of political privileges in their own country 
before they emigrate to this. The word is unknown to them, 
or, if they hear of it at all, they hear of it as something in 
which they have no participation. Is not this the fact ? Sir, 
we all know that it is ; we know that very many of these emi- 
grants never enjoyed any political privileges themselves — that 
they have no knowledge of them — and, least of all, have they 
any knowledge of our people, our Government, or our institu- 
tions. The acquirement of this knowledge is not the work of 



WOODWARD ON FOREIGNERS. 5 

a day. Tliey have no sympathy in common with us ; thoy 
have no qualifications to render them fit recipients of these 
high political privileges. If any of us choose to pass over to 
England, Ireland, or France, and to settle ourselves there, 
what do wo gain by the change — I mean in a political point of 
view ? Nothing ; we lose all. We are not suffered to acquire 
any political privileges such as we bestow upon them. There 
is no reciprocity ; the advantage is all on one side, and what- 
ever we may give to them, we ourselves can acquire nothing of 
the kind. Why should this be so ? Or, if the adoption of 
such a system was necessary at one time, why should it still 
be adhered to, when everything in the form of necessity has 
long since passed away ? I can discover neither wisdom nor 
policy in so doing. 

" The idea, Mr. President, is simply this : I would afford to all 
foreigners who shall come to this country after the date of my 
amendment, protection in their person, their property, and all 
the natural rights which they could enjoy under any civilized 
or well-ordered government. I would permit them to acquire 
Avealth ; to pursue objects of their own ambition; 1 would, in 
short, allow them to become in all respects equal citizens with 
us, except only in this one matter of political privileges. All 
their natural and all their civil rights should be amply guaran- 
tied and protected, and they should become citizrens in common 
with us in relation to all objects, except voting and holding 
ofiice. And do we not hold out suiEcient inducements for 
foreigners to make this country their home, even if we take 
from them these political privileges ? Surely, sir, we do, — 
such, indeed, as no other nation upon earth can proffer. 

"But, Mr. President, it is not my design to enter into the 
discussion of this matter at the present time, and I owe an 
apology to the Convention for having said so much in regard 
to it. I have a strong feeling on the subject, though I confess 
that I entertain doubts, whether this Convention has the power 
to act. I am well aware of the nature of the provision in the 
Constitution of the United States, and which has been referred 
to by the gentleman from the county of Philadelphia (Mr. 
Martin). I would do nothing in contravention of that provi- 
sion; I merely wish that the question should be referred to a 



6 WOODWAllD UN FOREIGNERS. 

committee, that they may inquire whether this Convention has 
the power to act at all in the premises, and, if it has the power, 
whether it would be expedient to act. I am, however, sur- 
rounded by many valued friends, whose opinions and judg- 
ment I appreciate ; and it appears that they are unanimous in 
thinking that I should withdraw it. I therefore yield my own 
judgment to theirs, and, having explained my views, I with- 
draw the amendment." 

In this speech the following points are specially worthy of 
attention : — 

JUDGE woodward's EARNESTNESS AND ANXIETY. 

" The subject had been on his mind a long time ; had claimed 
his serious consideration." "He long felt a desire, that some- 
thing should be done in relation to it." "He had a strong 
feeling on the subject." 

WHAT JUDGE WOODWARD WAS OPPOSED TO. 

"It was his honest impression that we do but squander our 
political privileges in conferring them upon every individual 
who chooses to come and claim them." "What claim have 
foreigners from any country, — aye, sir, from ayiy country, 
which is strong enough to justify us in prostituting our political 
privileges, by conferring them carelessly and indiscriminately 
on any individual who may reside here two or three years, 
become a naturalized citizen, and then command our offices?" 

WHAT JUDGE WOODWARD BELIEVED MUST BE DONE. 

"I believe that, if the time has not yet come, it will come 
speedily, when it will be indispensably necessary, either for 
this body, or some other body of this State or of the United 
States, to inquire whether it is not right to put some plan into 
execution by which foreigners should be prevented from con- 
trolling our elections, and brow-beating our American citizens 
at the polls." 

WHAT JUDGE WOODWARD KNEW ABOUT THE CHARACTER OF 
IMMIGRANTS. 

" He knew that a great portion of those who come among us 
from foreign countries, consist frequently of the ivorst part of 
the population of those countries." 



WOODWARD ON FOREIGNERS. i 

WHAT JUDGE WOODWARD THOUGHT OF THE QUALIFICATION OF 
FOREIGNERS FOR AMERICAN CITIZENSHIP. 

"They" (the immigrants described in the last quoted sen- 
tence) " are unacquainted with the value of these privileges, 
and, therefore, they do not know, how to value them." 
"There are very many of these emigrants who know nothing 
of political privileges in their own country." " Very many of 
these emigrants never enjoyed any political privileges them- 
selves, — have no knowledge of them — and, least of all, have 
they any knowledge of our people, our government, or our 
institutions." "They have no sympathy in common with us; 
they have no qualifications to render them fit recipients of 
these high political privileges." 

JUDGE woodward's APOLOGY FOR THE UNITED STATES CON- 
STITUTION. 

"At the time the Constitution of the United States was 
formed, it was necessary to promote emigration. The popula- 
tion of our country was* wasted by a long war ; and it was 
necessary to hold out inducements to foreigners to come here. 
But times have greatly changed within the last few years. The 
reason and the necessity for extending this indulgence to emi- 
grants have ceased." 

HOW MR. CUMMIN OF JUNIATA COUNTY UNDERSTOOD AND 
ANSWERED JUDGE WOODWARD'S SPEECH. 

Mr. Cummin said : "His (Mr, W's.) speech contains one of 
the most exclusive and aristocratic arguments ever submitted 
to a republican assembly." "The whole tenor of the gentle- 
man's argument went to cast repi'oach upon foreigners, and to 
show that they are not worthy to he trusted;'' concluding his 
reply with these words : "I hope that he will withdraw his 
amendment, and that he will make an apology for what I re- 
gard as a gross insult upon the Irish, and other foreign popu- 
lation of this State." 

HOW JUDGE WOODWARD DID NOT APOLOGIZE, AND WHY? 

" Mr. Woodward said that he had not risen for .the purpose 
of making the apology called for by the gentleman from Juni- 
ata (Mr. Cummin ;) for he, (Mr. W.,) knew well, that, to an 



O WdODWAK]) ON FOREIGXEUS. 

American assembly, no apology could be necessary. He had 
risen merely for the purpose of withdrawing his amendment." 

JUDGE woodward's REASON GIVEN IN 1837 FOR WITH- 
DRAWING niS AMENDMENT. 

" I am surrounded by many valued friends, whose opinions 
and judgment I appreciate; and it appears that they are 
unanimous in thinking that I should withdraw it. I, therefore, 
1/ield my own judgment to theirs, and having explained my 
views, I withdraw the amendment." 

N. B. — The word unanimous is explained by a fellow-mem- 
ber of the convention ; he says: " I recollect well the indigna- 
tion his proscriptive amendment met with in the convention. 
Many rose to their feet, and a general murmur could be heard 
throughout the hall. Mr. Woodward was undoubtedly intimi- 
dated by the unmistakable negative feeling, so much so, that 
he withdrew his amendment." He afterwards renewed it to 
give Mr. Cummin an opportunity to speak upon it, and finally 
withdrew it in the manner shown abave. 

This being the state of the record and of the facts, there is 
nothing left for Judge Woodward now, as a candidate for the suf- 
frages of the '■'■ignorant, incapable, iinsgmpathising, and gene- 
rally the worst part of the population of foreign countries," who 
come among us, but to pretend that his amendment was a mere 
parliamentary trick, and his speech not accurately reported. 
But he heard Mr. Cummin's construction of his speech, and did 
not deny, or explain it then ! He said nothing by way of re- 
traction or correction, when his friends and the whole conven- 
tion joined in compelling him to withdraw his amendment. He 
insisted when withdrawing it that he had explained his views, 
and it is now too late to explain them aAvay ; too late to repu- 
diate or to deny. "It is never too late to mend" one's conduct 
and character, if it be done truthfully and honestly ; but it can 
be too late to mend a bad case, without the truth and the 
honesty, under the temptation of honors and emoluments. 

Wow that he is a candidate for office and needs the foreign 
vote, look out for denials and contradictions of his sentiments! 



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